Law: Elections Act, 2017

Section: 57(2),17,19

Law: Constitution of Pakistan, 1973

Section: 57(2),17,19

Elections Act (XXXIII of 2017)--- ----Ss. 57(2), 17 & 19---Constitution of Pakistan, Art. 17---General Elections, 2024---Delimitation of constituencies, dispute over---Proportionality, principle of---High Court interfering with the delimitation order of the Election Commission of Pakistan about three days before notification of the Election Programme of the General Elections, 2024---Propriety---Principle of proportionality and the concept of the larger good demand that general elections be given primacy, and issues concerning the delimitation of constituencies, while important, should be addressed subsequent to the elections---Such an approach ensures the continuity of democratic governance and upholds the fundamental rights of the electorate, while still acknowledging the need for eventual and necessary adjustments in constituency boundaries. In democratic systems general elections are the cornerstone of representative governance, ensuring the people's right to choose their leaders and influence policy decisions. The periodic conduct of these elections is not merely a procedural necessity but a fundamental principle upholding the democratic ethos. On the other hand, the delimitation of a constituency, although significant for ensuring fair and effective representation, does not hold the same immediacy or overriding importance as the conduct of general elections. Delimitation, by its nature, is a detailed and often prolonged exercise, aimed at creating constituencies that reflect current demographic realities. While this is undoubtedly important for the health of a democratic system, it is not so critical that it should impede the timely conduct of general elections. In applying the principle of proportionality, it becomes evident that the larger good - the uninterrupted continuation of democratic processes and the assurance of the people's right to government formation - takes precedence. Postponing general elections to address constituency delimitation could lead to a vacuum in governance and a potential crisis of legitimacy. Such a situation would be antithetical to the principles of democracy and the larger good of the populace. Therefore, the principle…

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